DILIP ARJUN GAVADE Vs. VISHNU ARJUN KILLEKAR

JUDGEMENT

(1.) THIS appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal. Along with the appeal, an application i.e., I.A.1/2013 is filed under Section 5 of the Limitation Act to condone delay of 630 days in filing the appeal. The Tribunal by impugned judgment and award dated 28.7.2010 had awarded compensation of Rs. 49,000 with interest at 9% p.a. The appellant applied for the certified copy of the said judgment of the Tribunal on 17.2.2012 and secured the same on 15.3.2012 and preferred this appeal on 17.7.2012 i.e., after 2 years from the date of judgment of the Tribunal and, hence, there is inordinate delay of 630 days in filing the appeal.

(2.) THE appellant in paragraph 5 of his affidavit filed in support of the delay application has stated that due to his ill -health and with great difficulty he approached his lower Court Advocate in the first week of July 2012 and his Advocate advised him that an appeal can be filed to the High Court for seeking enhancement of compensation and thereafter he filed this appeal. Hence, there is delay of 630 days in filing this appeal.

(3.) EVEN otherwise for the facture of left clavicle bone middle finger sustained by the appellant in a road traffic accident occurred on 15.11.2008, the compensation of Rs. 49,000 awarded by the Tribunal in the year 2010 is found to be just and proper and there is no scope for enhancement. Accordingly, the appeal is dismissed both on the ground of delay as well as on merit.